Tillåtna överdrifter eller vilseledande marknadsföring? En utredning om vilseledande marknadsföring av kosmetika enligt 10 § marknadsföringslagen.
Sammanfattning: The Swedish Marketing Act is largely based on the Unfair Commercial Practices Directive. The directive stipulates that an assessment in accordance with the Swedish Marketing Act should be made in line with the directive. In Sweden, there is a long tradition of making strict and restrictive assessments regarding exaggerations in marketing (puffery). Especially when it comes to the marketing of cosmetics, a conservative assessment is made regarding permissible exaggerations in marketing. This is because health-related products have a special status in Swedish marketing legislation and are considered to have a particular protective value. The purpose of this essay is to explore the boundaries of what can be considered deceptive in the marketing of cosmetics. The essay takes a critical stance towards the portrayal of the legal situation regarding misleading marketing presented in the doctrine. After analyzing the preparatory work, case law, and doctrine, the essay concludes with a discussion of the specific challenges that await a business operator when marketing cosmetics, as well as a discussion on the accuracy of the Swedish court´s application of the Swedish Marketing Act regarding puffery.
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